As supporters celebrated the passage of a ballot measure blocking Washington’s efforts to phase out the use of natural gas in homes, opponents vowed to continue their fight in court.
Initiative 2066 targets the state’s combination of regulations and laws to move swiftly away from natural gas toward technology like electric heat pumps. It was passing with 51.5% of the statewide vote.
It is winning in 33 counties, including Snohomish, Pierce, Spokane and Clark. The strongest opposition is in King County where roughly 60% of voters are rejecting it.
A coalition led by the Building Industry Association of Washington drew up the measure and enlisted Let’s Go Washington, a conservative political committee, to gather signatures between mid-May and early July to get the measure on the ballot. They submitted nearly 550,000 signatures.
Greg Lane, BIAW’s executive vice president, called the effort “truly inspiring.”
“Together, they have sent a thunderous message to policy makers at every level of government that natural gas service must be maintained as we address the energy demands in Washington state,” Lane said.
The initiative would repeal provisions in a new state law, House Bill 1589, intended to accelerate Puget Sound Energy’s transition away from natural gas. It would prevent approval of utility rate plans that end or restrict access to natural gas, or make it too costly.
And it would erase changes to the energy code, approved by the Washington State Building Code Council, that offer builders incentives in the permitting process for choosing electric heat pumps — which provide both heating and cooling in the same unit — instead of natural gas furnaces.
Elements in the initiative are set to take effect when election results are certified on Dec. 5.
Opponents contend many voters skipped over the measure because they were confused by what it would do.
“If it is allowed to stand, I-2066 would guarantee higher energy costs in the coming years by rolling back tools that help utilities plan for the future. This poorly written initiative would have a host of consequences for energy affordability, clean air and the climate,” said Molly Gallagher, communications coordinator for the Statewide Poverty Action Network
Those who worked to defeat the ballot measure said it is likely unconstitutional. They intend to sue and will likely try to get the initiative put on hold until the legal questions are resolved.
“There is significant likelihood that the Initiative violates at least two provisions of the Washington Constitution and would be struck down entirely or at least significantly limited in a post-election legal challenge,” concludes an analysis prepared for the No on 2066 coalition. Attorneys Paul Lawrence and Kai Smith of the Pacifica Law Group, and professor Hugh Spitzer, a constitutional scholar, are the authors.
Their analysis argues the measure violates provisions limiting citizen initiatives to no more than one subject and requiring them to contain the full text of the portion of state laws it would alter.
Lane said Initiative 2066 was carefully crafted with such a challenge in mind and that every section addresses protecting the choice to access and use natural gas.
“Those who want to ban natural gas have been clear in their intent to use every avenue available to undermine Washington’s democracy and the people of Washington’s right to initiative,” Lane said in an email.
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